Little Falls transcript., 1887-03-25

fife With the clerk of tue board 81 drainage com.
Inlss!0nara OF the county ID which such lands
aar,s arg sl.ussed PETITION signed by them setttng
20 n6 Affected, with the names OF the owners and
Ihe1r postpfice ddress when known, q general
q the work and that
nay PC organized mbracing the lands therein
mentioned for the purpose Of constrncttng re-
9s1 PAIRING md maintaining 81 drain Of drains.
jdltch or bitches, embanknaent or EN- anlIunents
or 9 combined sy stem of drainage and protection
tIon tr overflow or all or either within said tract
Ior agrlcuitnral and sanitary purposes by spe-s
clai assessments upon the lands and property to
pc benefited thereby. Suci, petition shall be
accompanied by bond signed by two or more
Ireenoldsrs !,,eel In the sum OF two hundred and
drainage commissioners Of the drainage district
IN which such tract Is situated, which bond
shal! be approved by said clerk and conditioned
si 90 pay All e1spe1ses ct the proceedings under
com nmlssloners shall fail to establish the sub
drainage districts prayed for in said petition.
sEc. 3. It shall be the duty Of said clerk to
office aud he shall thereupon call meeting Of
1he poard or drainage commissioners Of his drain
age district to be held at his Office not more than
thirty l30) nor less than twenty 900 days there
aiter. The clerk shall give notice of the time
anu place OF such meeting by causing written or
printed notices signed by him to be posted in at
sub drainage district anu by mailing a copy Of
such notice to each Of the townsclerks and mem
bels OF the town boards Of supervisors of each
town in which any Of the lands proposed to be
included in such sub-drainage district are sit
uated at least ten (1Ol days prior to the time OF
such meeting He shall also file copy of such
notice In his Office and record the same in the
drainage record. ,rr.4
SEC. 8. 1t shall be the duty Of the board OF
drainage commissioners Of such drainage dis
trlc5 10 meet al the time and place mentioned in
snch notice and the clerk shall lay before them
the SAID petition aud ell other papers in the
case ana they shall thereupon proceed to ascer-
tam whether said petition has the signatures of
CURED by by this act and if such signers are
owners OF one-third (l5) Or more in area Of the
ianas sint situated in said proposed sub-drainagc
credible signers OF said petition, that they have
examined the same. are acquainted with the
iocailty or the proposed sub drsinage district
signed by the required number Of owners Of
iands In said proposed sub-drainage district and
that the said signers are the owners Of one third
BE- taken GE more Of n,a the n;s Snas therein
ton as against the owners OF the lands in 'til the
proposed sub-drainage district, and as conclu-
set forth in said petition, and '~'of Of
the necessity for the organization Of such pro-
posed pc g, M sub drainage district thereunder. At
such meeting any other owners of lands within
said proposed sub-drainage district shall be per-
mltted to sign said petition ii they so desire
ANY person or persons owning land in said pro-
posed sub drainage district whose names do not
appear upon said petition may at said time aud
place appear by himself or attorney and contro-
vert any material statements in said petition:
ana Tor the purpose OF such hearing the board
shall nave full power to administer oaths, to ex-
anime all witnesses produced and shall decide all
questions that may arise at suoh hearing at such
time and place, and make written statement
OF their findings. to be filed with the clerk aud
recorded in the drainage record. II they lind
that the petition has not been signed as herein
reqatred they shall dismiss the same For cause
shown the board may adjourn from day to day
until such hearing is concluded
SEQ. lO. II said board Of Crainage commits
sioners shall fad in favor Of said petition they
ahall Immediately by order appoint three 90
dislnterested persons residents OF the county in
which such proposed sub-tsrainage district is
s1tuated as viewers, to meet at q time and place
specified IN said order preparatory to cosnanenc-
ing their duties as herein specified. 1t shall be
the duty of said clerk thereupon to deliver to
SAID viewers certified COPY OF the petition and
at the time set in said order with a surveyor
who shall be q civil engineer, aud who shall
make an accurate survey of the proposed work
a map or plat OF the survey, and report Of ali
estimates required OF said viewers as q basis Of
their report to be made to the board of drainage
commissioners as herein provided ,s,> -. !;
SEC; IL. The said viewers. while such survey
and plat are being made, OF after the same have
been compleoed, shall have power to change the
boundaries Of such proposed sub drainage dis
trlct from the boundaries given in the petition.
lands taken Into said proposed sub-drainage
district, and shall permit additional signatures
to be made to the petition by any person or per-
SONS owning land in, or owning land desired to
be taken into such proposed SUB. Drainage dis
trict to the end that majority Of the owners OF
The iaud in the proposed sub-drainace district
as finally to be organized, and who shall be
owners III the aggregate Ut Ons-third (l3) or more
In area OF such lard shall have signed tue PEI
tition, which facts said viewers shall md and
put such findings in writing, aud the same shall
en- fba
III his drainage record. which finding shall he
conclusive. ~
SEC H. II the viewers after examination Of
the proposed work and consideration Of the re-
port of the engineer shall tind in favor OF the
proposed work and determine TO report in favor
OF the organization OF the proposed sub-draiu-
age district they shall together with said engi-
neer make an accurate survey OF the proposed
work, and thsy shall cause stakes and nlonu-
ments, consecntlvely numbered, to- be set aiong
the line or lines OF the proposed drain or
bank1neAts at each one hundred feet, and they
shall make q computation of tho total number
OF cubic yards OF earth to be excavared aud re-
ditches or Che total number Of e cui,ic Yards Of
earth to be used In raising such enbankment or
elnbanklnents, and q detailed estimate OF the,
describe, as the same is described upon ths
county tax duplicate each parcel Of land
TO- be assessed for the = construction
Of the he proposed work giving tho number q acres
Der Of acres benefited, the amount that e,tctl
tract Of land Will be benefited or damaged by
the construction Of said work and tue amount
That each tract is assessed therefor, and they
shall in tabular form give the depth OF the cur
OF height of the erlbankmcnt, width at the bot
tom and width at che top 40 each one hundred
sna said shall aso
tain and give the names Of the owners OF the
lands that are assessed for the construction Of
such work 80 far as they can be agcertained upon
saf tt,x
atsd. '',EI2' .3zz7 80 ="
SEC. 13 AL lands owned by any person or
persans 3 or hy any ths State
benefited by any Of such work shall bs assessed
~ PROPORTION to the benefits for the construc-
tton thereof whether such work passes through
Or ls partially located upon said lands or not;
and the viewers in estimating the benefits to
lands not traversed by anv drain, ditch or en-
ank1nent shall NOT consider what benefits such
diteh Or eInbanknent shall be constructed
but only the benent that win be re-
eeiyed by reason OF the DRAIN, ditch or
9 arords an outlet for the drainage OF said lands
or protectlon TO the same from overflow, and
.ny !, p, owner of land within the proposed sab
organization OF such proposed sub-drain-
age district, shall be forever barred from
nb5eesing that the lands of sucf, owner sitnated
in such sub-dralaaee district are not subject to
assessment Tor benefits as provided in This ACT
. SEC. Il, Wherever any railroad is benefited
by s1oh dram. ditch or embankment such rail-
road r 8 shall be assessed Its just proportion Of
benefits the same az lands benefited are az
sessed, which assessments shall BE- collected
from the owner Of snch railroad in the same
manner |, as personal property taxes are collected
SEC. Is. Whenever any public highway IS
benefited by such drain, ditch or embankment
the county or town which IL by law charged
with the duty Of keeping such highway IN re-
pair, shall be asset sed with the amount Of bene-
81 accruing to such highway by reason Of such
drain, ditch or emDankulent aud the amount
such town or county by the proper officer and
when coilected analI be paid into the sxeaaury OF
the dtalnags district of the county for the ben
iongs. :ssss 2s